Author Archives: Judge Deborah J. Nicastro

Driving on the Fog Line is Not Reasonable Suspicion for a Traffic Stop

Posted on January 14, 2021 by Judge Deborah J. Nicastro

By Magistrate Anne Walton Keller, Shaker Heights Municipal Court On December 22, 2020 the Supreme Court of Ohio resolved a conflict amongst courts of appeal regarding traffic law by deciding State v. Turner, 2020-Ohio-6773.  The 12th District Court of Appeals certified the issue in conflict as: “Does an officer have a reasonable suspicion to conduct […]

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Bond Reform and Crim. R. 46 Changes

Posted on August 27, 2020 by Judge Deborah J. Nicastro

By Magistrate Anne Keller of the Shaker Heights Municipal Court On July 1, 2020 significant changes to Crim. R. 46 became effective. Even the title was changed. Now titled, “Pretrial Release and Detention,” some of the changes to the Rule are due to the need to remove the disparity caused by financial conditions of bond.  […]

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The Statutory Definition of “Operate” Applies to Operating Under the Influence and Operating Under a License Suspension

Posted on August 6, 2020 by Judge Deborah J. Nicastro

The First District Court of Appeals recently established that the same statutory definition of “operate” applies to both OVI and DUS. R.C. Title 45 governs motor vehicles. The entire title contains only one definition of the word “operate”. That definition is found in R.C. 4511.01 (HHH). According to the introductory language to the definitions in […]

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What Is Happening With Traffic Cameras?

Posted on July 1, 2020 by Judge Deborah J. Nicastro

With litigation pending all over Ohio about traffic cameras and the 2019 statutes governing traffic camera programs, we are all having difficulty keeping track of the issues and court decisions surrounding these issues. Here is where Cuyahoga County is, in a nutshell, as of July 1, 2020.

<span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> General | Comments Off on What Is Happening With Traffic Cameras?

Welcome to municourtnotes.net

Posted on April 20, 2020 by Judge Deborah J. Nicastro

Traditionally, Ohio municipal courts are hectic places with attorneys running in and out trying to move from courtroom to courtroom in response to conflicting schedules and demanding clients.  Rarely do we have time to talk among ourselves about points of law or subjects of common interest in the municipal court practice.  With the current COVID-19 […]

<span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> General | Comments Off on Welcome to municourtnotes.net